Go Buggi’s Terms & Conditions – Please read carefully.
Go Buggi (“we”, “us” or “our”) maintains this website (“this Website”) for the purpose of allowing you to access this Website to hire:
(a) Britax car seats, and/or
(b) Edwards & Co Prams, carry cots and capsules,
(collectively, the “Product” and collectively the “Service”).
These terms and conditions apply to the use of this Website, including the hire of the Product and use of the Service over this Website. In using this Website for these or any other purposes, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using this Website. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this Website. You may download content from this Website (including text, graphics, logos, icons, sound recordings and software) for your personal use only, provided you also retain all copyright and other proprietary notices contained in the material. You may not, however, adapt, reproduce, store, distribute, print, display, perform, publish, broadcast or create derivative works from any content from this Website for public or commercial purposes without our express prior written permission. You must ensure that your access to this Website is not illegal or prohibited by the laws which apply to you. You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this Website. Your continued use of this Website following such notification will represent an agreement by you to be bound by the terms and conditions as amended. These terms and conditions are the only basis upon which Product will be hired to you as a customer of Go Buggi. By requesting to hire the Product you agree to accept and comply with these terms and conditions. Any terms and conditions not contained below, or which are inconsistent with these terms and conditions (other than those implied by statue) will not be binding on Go Buggi.
1. Ordering Procedure
You may hire the Products on this Website on the terms and conditions specified on the Website available in the hire products section by completing the application and payment form. Your hire request must contain your name, email address, credit card details and any other ordering information specified on this Website. Within [7 days] of receipt of your hire request, we will, at our discretion, accept or reject your hire request. We are not required to give reasons for rejecting your hire request. You may not cancel your hire request once it has been submitted, even if our acceptance or rejection of your hire request is still pending. If we have not responded to you within 7 days, your order will be deemed to be rejected. If we reject your hire request for any reason, neither of us will be under any further liability to the other arising out of your original hire request or our non-acceptance of it. We give no undertaking as to the availability of the Products. The Products are offered for hire only to persons who can make legally binding contracts.
2. Price and GST
Unless otherwise stated, all prices listed in the hire products section are in New Zealand dollars and are, inclusive of GST;
In all other respects, the prices listed are exclusive of taxes, duties and charges imposed or levied in New Zealand in connection with the hire of the products. Payment is due immediately via the online portal that is secured through Stripe. Discount vouchers, offers and promotions are for single use only and cannot be used in conjunction with any other offer, discount or promotion.
The Product(s) hired by the Customer from Go Buggi is available for collection from Smarte Carte New Zealand Limited at Ray Emery Drive, Auckland Airport, Auckland 2022 (“Location”).
As a condition of hire, Go Buggi requires a deposit of funds with Go Buggi of such amount as Go Buggi shall require [at the time of hiring the Product according to the ordering procedure at clause 2 of these terms and conditions] to the intent that the deposit be refunded by Go Buggi to the Customer after the Product has been returned by the customer to the Location and the Product has been accepted by the employee appointed by Go Buggi after performing a 5 point safety check and confirming the Product is not soiled. Are we going to do hold on a credit card like other places do using Stripe, or will you expect a cash (via eftpos, direct debt, credit card)?]
The bond requirements are subject to change upon notice by Go Buggi to the Customer and may be adjusted from hire to hire and in busy holiday periods across the year.
The Customer shall be deemed to have accepted these terms and conditions on the first to occur of:
(a) submission to Go Buggi of the application form; or
(b) collection of the Product from the Location.
Agents and representatives of Go Buggi are not authorised to make any representations, statements, conditions or agreements in writing on its behalf and Go Buggi shall not be bound by any such unauthorised statements, conditions or agreements.
6. Customer Responsibilities
The customer shall:
(a) use the Product properly with all due care and for the purpose for which it is designed and in accordance with the manufacturer’s instructions;
(b) keep the Product in the customer’s possession and under the customer’s control and not part with possession of all or any part of the Product nor assign the benefit of all or any part of these terms and conditions nor create any lien over the Product nor encumber the Product in any way;
(c) not alter or make any additions to the Product in any way including but without limitation altering, making any additions to, defacing or erasing any identifying mark, plate or number on or in the Product or in any other manner interfering with the Product;
(d) return the Product to Go Buggi at the Location on the date of return being the last date of the hire period or upon earlier termination of these terms and conditions and in the same state of repair and condition as it was at the time the customer collected the Product from the Location (fair wear and tear accepted) and any damage will be repaired/replaced as necessary at the expense of the customer together with any loss of rental Go Buggi may suffer by reason of the Product being unavailable for rental from the date the Product was returned during the period of repair.
The customer accepts full responsibility for the safekeeping of the Product and will indemnify Go Buggi for all loss and expense arising from theft or damage to the Product howsoever caused and without limiting the generality of the foregoing whether or not such loss theft or damage is attributable to any negligence failure or omission of the customer.
The customer acknowledges that they have had full opportunity to inspect the Product before use and that they accept the Product ‘as is’ unless the customer notifies Go Buggi of any alleged defect, damage or failure to comply with the description of the Product and failing such notice shall be conclusively deemed to be in accordance with the contract and free from any defect or damage which would be apparent on a reasonable examination of the Product.
7.2 Access to and Use of Services
Access to and the use of the Services at this Website is provided on an ‘as is’ and ‘as available’ basis. To the maximum extent permitted by law, any condition or warranty that would otherwise be implied into these terms and conditions is hereby excluded, including (but not limited to):
(a) Any warranty as to the merchantability, fitness for a particular purpose or non-infringement of the Products;
(b) Any warranty that the details on this Website concerning the Products will satisfy the laws of any other country. Details contained on this Website relating to the Products have been prepared in accordance with New Zealand law and it is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside New Zealand). If the details do not satisfy the laws of your jurisdiction, you may not hire any Products from this Website;
(c) Any warranty as to the accuracy, adequacy or completeness of any information provided at this Website. However, we will use our reasonable efforts to ensure that the information in this Website is accurate and update to date; and
(d) Any warranty that access to this Website and the services provided by this Website would be uninterrupted, timely, secure or error free.
You understand and expressly agree that use of this Website is at your own risk. You will be solely responsible for any loss or damage (including indirect, special, or consequential loss or damage) whether direct or indirect, including without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential or incidental loss suffered by you in connection with your use of this Website or any linked website, however cause, including (but not limited to):
(b) Arising out of the Products supplied pursuant to an order placed on this website;
(c) Arising out of your use of or reliance on information contained on or accessed through this Website;
(d) Arising out of any failure or omission on our part to comply with our obligations as set out in these terms and conditions;
(e) As a result of unauthorised access to or alteration of:
(i) Your transmissions or data; or
(ii) Information contained on your computer system or on this Website; and
(f) As a result of this Website being unavailable.
(g) We will not, to the maximum extent permitted by law, accept liability to you in respect of any such loss or damage.
This disclaimer does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded, and in no way is an attempt to limit or exclude liability arising under the law concerning child restraints.
7.3 Stock Availability
Where OUT OF STOCK or CHECK IN STORE is listed next to an item on the Go Buggi Website, stock availability may vary and items can still be available with ample time request to Go Buggi by the customer. Most stock is available as required through the Website. Go Buggi will make every effort to inform customers of progress when an item needs to be ordered from our Website. All stock online varies, Go Buggi cannot guarantee that a product is available at all times but will use its best endeavours to source the Product or an alternative solution.
8. Cancellation Due to Error
You acknowledge that despite our reasonable precautions, the Products may be listed at an incorrect price or with incorrect information due to a typographical error or like oversight. In these circumstances, we reserves the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged. We reserve this right up until the time of collection of the Products by you from the Location. If a cancellation of this nature occurs after your credit card has been charged for the hire, we will immediately issue a credit to your credit card account for the amount in question.
You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities or demands suffered or incurred by us to any person arising out of or in connection with your use of this Website, your failure to complete a transaction or your failure to comply with these terms and conditions.
Copyright in this Website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us unless otherwise noted, and may not be used except as provided in these terms and conditions. We do not warrant or represent that your use of materials on this Site will not infringe rights of third parties not owned or affiliated with us.
11. Trade Marks
Nothing in this Website should be construed as granting, by implication, estoppel or otherwise, any licence or right to use any trade mark, logo or service mark displayed on this Website (“the Trade Marks”). You may not use the Trade Marks except as provided in these terms and conditions. If you use any of the Trade Marks in reference to our activities, products or services, you must include a statement attributing that Trade Mark to us. You must not use any of the Trademarks:
(a) In or as the whole or part of your own trademarks;
(b) In connection with activities, products or services which are not ours;
(c) In a manner which may be confusing, misleading or deceptive; or
(d) In a manner that disparages us or our information, products or services (including this Website).
You are advised that we will aggressively enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
12. Linked Websites and Advertisements
Our Website may contain links to other websites (“linked websites”). Those linked websites are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites. The links from this website to the linked websites should not be considered as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary. Similarly, responsibility for the content of advertisements appearing on our Website (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.
14. Security and Use of Information
15. Login Information
You are responsible for keeping your login information secret and secure. Without limiting the foregoing, you agree:
(a) Not to permit any other person to use your username or account; and
(b) Not to disclose, or provide to any other person your password, email address or any information that may allow that person to gain access to your account.
16. Go Buggi’s Right to Terminate
Without prejudice to any other rights or remedies available to Go Buggi and notwithstanding any period of hire specified in the application form, Go Buggi may terminate these terms and conditions without notice and without payment of compensation if:
(a) Go Buggi reasonably believes the Product is in imminent danger of damage or destruction;
(b) the customer commits a material breach of these terms and conditions or the customer commits any act of bankruptcy or being a company an application is made or a resolution is passed for its winding up or a receiver of its assets is appointed or if any execution or distress shall be levied upon the Product or if any judgment against the customer shall remain unsatisfied for seven (7) days or more or if the customer makes an assignment or compromise for the benefit of their creditors or being a company is placed under statutory management or ceases to carry on business. Your access to our Website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such information.
17. Passing of Risk
All risk in or relating to the Product passes to the Customer on collection from the Location and from which time all losses and costs (including but not limited to insurance) are to be borne by the Customer to the exclusion of Go Buggi.
18. Product Damage
The customer is liable to Go Buggi for any theft, loss and/or damage to the Product whilst on hire. The Customer will be liable for the costs of replacement or repairs to the Product which shall be arranged through Go Buggi. The Customer must notify Go Buggi immediately of any theft, loss and/or damage. Go Buggi may elect that the Product be immediately returned to Go Buggi at the customer’s cost.
Go Buggi may deal or dispose in any way with all or any part of its rights and obligations under this contract without the customer’s consent.
20. Governing Law
These terms and conditions are governed by the laws of New Zealand. You agree to submit to the exclusive jurisdiction of the Courts of New Zealand.
21. Dispute Resolution
(a) Any dispute or difference arising out of or in connection with these terms and conditions or your use of this Website (“the Dispute”) shall be resolved in accordance with this clause.
(b) The parties shall use their best efforts to resolve the Dispute on mutually acceptable terms through good faith negotiations.
(c) If the parties are unable to resolve the Dispute through negotiations, the Dispute shall be referred to a stepped mediation-arbitration process by way of a person skilled in both mediation and arbitration jointly selected by the parties, but failing agreement, to be appointed by the President of the Auckland District Law Society (“the Referee”).
(d) The settlement of the parties reached through mediation, in writing and duly signed by all parties, is final and binding on the parties, with no rights of appeal.
(e) If the parties are unable to resolve the Dispute through mediation, the process shall be stepped up to arbitration conducted in accordance with the Arbitration Act 1996 (NZ). The decision and award of the Referee, acting as an arbitrator, is final and binding on the parties, with no rights of appeal.
(f) Except as provided in this clause, no party shall commence any litigation in relation to the Dispute.
(g) Nothing in this clause shall preclude any party from applying to a court of competent jurisdiction for urgent equitable relief.
You must not attempt to damage, interfere or harm this Website or any network or system underlying or connected with it, including by using a robot, spider, scraper or other automated means to access this Website or the information on it for any purpose. We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control. If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion. If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force. These terms and conditions will enure for the benefit of our successors, assigns and licenses.